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HomeMy WebLinkAboutORDINANCE 6027File Number: 2017-0748 RZN 17-6015 (SE OF 4847 W. WEDINGTON DR./LEISURE HOMES 42): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 6015 FOR APPROXIMATELY 0.86 ACRES LOCATED SOUTH OF WEDINGTON DRIVE BETWEEN 46TH STREET AND BROYLES AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units per Acre to NC, Neighborhood Conservation. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 1/2/2018 Appro/"ee /Llioneld ord ayor Attest: Sandra E. Smith, City ClerkTWgq' lq } f n•a• • • ti .) &A" y 0 Page 1 Printed on 113118 1}1II{I}lilllllll114ti1}111I}1111}1}Illw{{11{}}}I{tl{{}}}}{{I1ll1l}11�1IIti}ill{tl _ , ID, 037928750003 Type Kind ; ORDINANCE Recorded: 03/28/2018 at Qg:51;i3 Aft Fee Amt; $25.00 page i of 3 Washinptan County. AR Kyle SVlvvesteer Circuit Clerk+�j �} –`' �j File2018-00008222 L L 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6027 File Number: 2017-0748 RZN 17-6015 (SE OF 4847 W. WEDINGTON DR./LEISURE HOMES 42): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 6015 FOR APPROXIMATELY 0.86 ACRES LOCATED SOUTH OF WEDINGTON DRIVE BETWEEN 46TH STREET AND BROYLES AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units per Acre to NC, Neighborhood Conservation. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 1/2/2018 Appro/"ee /Llioneld ord ayor Attest: Sandra E. Smith, City ClerkTWgq' lq } f n•a• • • ti .) &A" y 0 Page 1 Printed on 113118 RZN 17-6015 Close Up View R -A Legend Planning Area 9 Fayetteville City Limits Trail (Proposed) Building Footprint LEISURE HOMES CORP. Subject Property RSF-4 R -O TUMBLEWEED ST Feet 0 75 150 300 450 600 1 inch = 200 feet 'J& NORTH Residential -Agricultural RSF-4 Residential -Office l" J Community Services iW Neighborhood Conservation LEGAL DESCRIPTION 1 - PORTION TO BE REZONED NEIGHBORHOOD CONSERVATION (NC) A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'25"E 410.36 -FEET TO THE POINT OF BEGINNING; THENCE S87°14'45"E 644.08 -FEET TO THE EAST PROPERTY LINE OF PARCEL 765-16267-000 AS SHOWN ON THE PLAT FILED IN BOOK 2013 PAGE 20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS; THENCE ALONG SAID EAST PROPERTY LINE S02030'10"W 50.00 -FEET; THENCE N87°14'45"W 520.03 -FEET TO THE EAST PROPERTY LINE OF PARCEL 765-16267-000 AS SHOWN ON THE PLAT FILED IN BOOK 2013 PAGE 20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS; THENCE ALONG SAID EAST PROPERTY LINE NO2021'25"E 50.53 -FEET TO THE POINT OF BEGINNING; CONTAINING 0.74 ACRES OR 32,209 SQUARE FEET MORE OR LESS. LEGAL DESCRIPTION 2 - PORTION TO BE REZONED NEIGHBORHOOD CONSERVATION (NC) A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'25"E 410.36 -FEET; THENCE S87014'45"E 779.68 -FEET TO A POINT ON THE SOUTH PROPERTY LINE OF PARCEL 765-16264-000 AS SHOWN ON THE PLAT FILED IN BOOK 2013 PAGE 20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS; THENCE NO2020'58"E 129.49 -FEET; THENCE S87014'45"E 41.02 -FEET; THENCE S02030'27"W 129.49 -FEET TO A POINT ON SAID SOUTH PROPERTY LINE; THENCE ALONG SAID SOUTH PROPERTY LINE N87°14'45"W 40.66 -FEET TO THE POINT OF BEGINNING; CONTAINING 0.12 ACRES OR 5,288 SQUARE FEET MORE OR LESS. Washington County, AR I certify this instrument was filed on 03/26/2018 08:51:13 AM and recorded in Real Estate File Number 20180008222 Kyle Sylvester - it Jerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0748 Agenda Date: 1/2/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 7 RZN 17-6015 (SE OF 4847 W. WEDINGTON DR./LEISURE HOMES #2): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-6015 FOR APPROXIMATELY 0.86 ACRES LOCATED SOUTH OF WEDINGTON DRIVE BETWEEN 46TH STREET AND BROYLES AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units per Acre to NC, Neighborhood Conservation. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 11312018 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2017-0748 Legistar File ID 1/2/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2017 City Planning/ _ Development Services Department Submitted Date Division / Department Action Recommendation: RZN 17-6015: Rezone (SE OF 4847 W. WEDINGTON DR./LEISURE HOMES REZONE #2, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for properties at 4748 W. WEDINGTON DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.86 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. Account Number Project Number Budgeted Item? NA Budget Impact: Current Budget Funds Obligated Current Balance Fund Project Title $ — - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments_ Approval Date: I ' CITY COUNCIL AGENDA MEMO CITY O FAYETTEVILLE ARKANSAS MEETING OF JANUARY 2, 2018 TO: Mayor, Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Jonathan Curth, Senior Planner Andrew Garner, City Planning Director DATE: December 15, 2017 SUBJECT: RZN 17-6015: Rezone (SE OF 4847 W. WEDINGTON DR./LEISURE HOMES REZONE #2, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for properties at 4748 W. WEDINGTON DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.86 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to NC, Neighborh000d Conservation, as shown in the attached Exhibits `A' and 'B'. BACKGROUND: The subject property is south of Wedington Drive, between 46th and Broyles Avenues to the east and west. The property was annexed in 1982 and has been continuously used as pastureland for decades. On October 2, 2007, the Woodstock Residential Planned Zoning District (R-PZD 07- 2551) was approved, allowing for 382 dwellings and 100,390 square feet of non-residential square footage. Construction permits for the project were never obtained and the R-PZD approval expired. Following expiration, the Woodstock R-PZD was rezoned in July of 2012 to a mixture of CS, Community Services, R -O, Residential Office, NC, Neighborhood Conservation, and RSF-4, Residential Single-family, 4 Units per Acre, as part of the revocation process. More recently, two portions of the subject property were approved for rezoning from RSF-4 to NC and RSF-18 to facilitate future development. The property is largely flat and remains undeveloped with mature trees located along the fence lines. Request: The request is to rezone portions of the subject property, totaling 0.86 acres and designated RSF-4 to NC. A previous rezoning on this property, which was approved by the City Council in November of 2017, was meant to mirror the boundaries of an upcoming subdivision proposal, but it was determined by the applicant that additional areas of property zoned from RSF- 4 to NC are needed. Land Use Compatibility: Although many of the properties in the area are undeveloped, agricultural, or large lot residential in nature, staff finds the proposed zoning to be generally Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 compatible with the land use patterns and development trends along the wider Wedington Corridor. Although this block of land along Wedington Drive has yet to develop similarly to other properties in the area, the proposed zoning districts are of a suitable intensity and density that compatibility can be generally assured. Also, the limited area of land proposed for rezoning is unlikely to sufficiently increase densities enough over the existing zoning to adversely impact existing land uses. In fact, a greater density on the subject property located between the existing single-family subdivision to the south and the mixed-use zoning to the north can create a desirable transition. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) and consistent with both the Residential Neighborhood and City Neighborhood designations of the subject property. The NC zoning district, with its associated build -to zone requirement, facilitates walkable streets and development in a traditional town form. With existing streets, water, and sewer available, a neighborhood developed on this property will be able to utilize City infrastructure and services without the need for substantial new facilities, and the greater density of the proposed rezoning will allow more residents to use those facilities. In addition to its FLUM designation, the subject property falls within the boundaries of the Wedington Corridor Neighborhood Plan. This plan calls for a redefining of Wedington Drive as a parkway with complete, compact, and connected neighborhoods. Although the plan does not provide clear guidance for future development of the subject property, the proposed rezoning will allow a greater density and therefore potential for compact neighborhoods. Additionally, the Illustrated Wedington Corridor Master Plan shows this area developed with low- and medium - density residential housing, which is facilitated by the NC zoning district. DISCUSSION: On December 11, 2017, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 7-0-0. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Application • Planning Commission Staff Report RZN 17-6015 Close Up View R -A Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint LEISURE HOMES CORP.. Cs NC RSF-4 R -O TUMBLEWEED ST Feet 0 75 150 300 450 600 1 inch = 200 feet ,A& NORTH Residential -Agricultural RSF-4 Residential -Office Community Services Neighborhood Conservation LEGAL DESCRIPTION 1 - PORTION TO BE REZONED NEIGHBORHOOD CONSERVATION (NC) A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'25"E 410.36 -FEET TO THE POINT OF BEGINNING; THENCE S87°14'45"E 644.08 -FEET TO THE EAST PROPERTY LINE OF PARCEL 765-16267-000 AS SHOWN ON THE PLAT FILED IN BOOK 2013 PAGE 20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS; THENCE ALONG SAID EAST PROPERTY LINE S02030'10"W 50.00 -FEET; THENCE N87°14'45"W 520.03 -FEET TO THE EAST PROPERTY LINE OF PARCEL 765-16267-000 AS SHOWN ON THE PLAT FILED IN BOOK 2013 PAGE 20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS; THENCE ALONG SAID EAST PROPERTY LINE NO2021'25"E 50.53 -FEET TO THE POINT OF BEGINNING; CONTAINING 0.74 ACRES OR 32,209 SQUARE FEET MORE OR LESS. LEGAL DESCRIPTION 2 - PORTION TO BE REZONED NEIGHBORHOOD CONSERVATION (NC) A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°21'25"E 410.36 -FEET; THENCE S87014'45"E 779.68 -FEET TO A POINT ON THE SOUTH PROPERTY LINE OF PARCEL 765-16264-000 AS SHOWN ON THE PLAT FILED IN BOOK 2013 PAGE 20115 IN THE CICUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS; THENCE NO2020'58"E 129.49 -FEET; THENCE S87°14'45"E 41.02 -FEET; THENCE S02°30'27"W 129.49 -FEET TO A POINT ON SAID SOUTH PROPERTY LINE; THENCE ALONG SAID SOUTH PROPERTY LINE N87°14'45"W 40.66 -FEET TO THE POINT OF BEGINNING; CONTAINING 0.12 ACRES OR 5,288 SQUARE FEET MORE OR LESS. CITY OF FAYE,TTEVILLE, ARKANSAS REZO tNG FOR STAFF USE ONLY FEE: $325.00 Date Application Submitted: Sign Fee. ,$5.00 Date Accepted as Complete: " 8-7=R; -: Case /Appeal Number: PP#: Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Contnussion agenda until this information is furnished. f1nWication; Indicate one contact person for this request: Applicant X Representative Applicant (person making request). Representative (engineer, surveyor, reallor, etc.): Name: LEISURE HOMES CORP. TOM EMBACH Address: 351 E. 4" STREET MOUNTAIN HOME, AR 72653 Name: CIVIL DESIGN ENGINEERS. INC. FERDI FOURIE, RE. Address: 4847 KAYLEE AVE SPRINGDALE, AR 72762 E-mail: tembach@leisurehomes.us E-mail: ffourie(a.civilde.com Phone: Phone: X870, 424-7460 _- ( 479) 381-1066(cell) Fax: Fax: Site Address /Location: 4847 W. WEDINGTON DR Current Zoning District:, N-; RSF-4 --- Requested Zoning District: NC Assessor's Parcel Number(s) for subjectproperty: -765-16264-000. 765-16268-001 - FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: LEISURE HOMES CORP. March 2019 Page I APPLICANT/REPRESEMANVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): FERDI FOURIE, P.E. Date: f 22 ` 17 Signature: -� — PROPERTY 0WNER(S) /AUTHORIZED AGENT: Uwe certify under penalty of per jury that I am/we are the owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his1her behalf.) Property Owners of Record (attach additional info if necessaty): Name (printed): TCM EMBACH ZV SienaErrrc�!1 Date: l tIZ-A Name (printed): Sisnature: Address: LEISURE HOMES CORP. 351 E. 4TH STREET MOUNTAIN HOME. AR 72653 Phone: (870 ) 424-7460 Address: Phone: Date: ( ) Rezoning Checklist: Attach the following items to this application.- (1) pplication:(1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washin Lon.anus). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 r4d;PSON' CITY OF FAYE1 T9VIIL LE ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner December 11, 2017 (Updated with Planning Commission Results) SUBJECT: RZN 17-6015: Rezone (4847 W. WEDINGTON DR./LEISURE HOMES REZONE #2.438): Submitted by CIVIL DESIGN ENGINEERS, INC. for property at 4847 W. WEDINGTON DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and NC, NEIGHBORHOOD CONSERVATION, and contains approximately 18.49 acres. The request is to rezone 0.86 acres to NC, NEIGHBORHOOD CONSERVATION RECOMMENDATION: Staff recommends forwarding RZN 17-6015 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: The subject property is south of Wedington Drive, between 46th and Broyles Avenues to the east and west. The property was annexed in 1982 and has been continuously used as pastureland for decades. On October 2, 2007, the Woodstock Residential Planned Zoning District (R-PZD 07- 2551) was approved, allowing for 382 dwellings and 100,390 square feet of non-residential square footage. Construction permits for the project were never obtained and the R-PZD approval expired. Following expiration, the Woodstock R-PZD was rezoned in July of 2012 to a mixture of CS, Community Services, R -O, Residential Office, NC, Neighborhood Conservation, and RSF-4, Residential Single-family, 4 Units per Acre, as part of the revocation process. More recently, two portions of the subject property were approved for rezoning from RSF-4 to NC and RSF-18 to facilitate future development. The property is largely flat and remains undeveloped with mature trees located along the fence lines. Surrounding land use and zoning is provided on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use { Zoning North Large Lot Single-family Residential CS, Community Services; R -O, Residential Office South Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre R -O, Residential Office; East Large Lot Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre R -A. Residential Agriculture West Agricultural R -A, Residential Agriculture Mailing Address: DeSiember 11, 2017 v, r 113 W. Mountain Street wmfayettevdyeA�696PYItem 6 Fayetteville, AR 72701 17-6015 Leisure Homes RZN #2 Page 1 of 16 Request: The request is to rezone portions of the subject property, totaling 0.86 acres and designated RSF-4 to NC. A previous rezoning on this property, which was approved by the City Council in November of 2017, was meant to mirror the boundaries of an upcoming subdivision proposal, but it was determined by the applicant that additional areas of property zoned from RSF- 4 to NC are needed. Public Comment: Staff has not received public comment regarding this request. INFRASTRUCTURE: Streets: The subject property has access to both 46th and Broyles Avenues. The Master Street Plan designates 46th Avenue as a Collector Street and Broyles Avenue as a Minor Arterial. While Broyles is fully improved with curb, gutter, storm drainage, and sidewalk, 46th is unimproved with open ditches. Any street improvements required in this area will be determined at the time of development proposal. Water: Public water is available to the site. An 8 -inch water main runs along the property's 46th Avenue street frontage and a 12 -inch main runs along the Broyles Avenue frontage. Both water mains are available for service. Sewer: Public sewer is currently available to the site. There is a 6 -inch sanitary sewer main crossing the property and a 6 -inch main along 46th Avenue. Capacity must be checked against future development to determine adequacy. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. No portion of the subject property lies within the FEMA designated 100 -year floodplain and no protected streams are present. Although no portion of the property is designated as Hillside -Hilltop Overlay District (HHOD), there are some areas of 15% or greater slope. Hydric soils are present across this site and a wetland delineation must be performed at the time of development proposal to ensure compliance with state and federal guidelines. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the subject property for the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and row - houses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighbor- hood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural envi- ronment. Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6 4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2 Page 2 of 16 FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility. Although many of the properties in the area are undeveloped, agricultural, or large lot residential in nature, staff finds the proposed zoning to be generally compatible with the land use patterns and development trends along the wider Wedington Corridor. Although this block of land along Wedington Drive has yet to develop similarly to other properties in the area, the proposed zoning districts are of a suitable intensity and density that compatibility can be generally assured. Also, the limited area of land proposed for rezoning is unlikely to sufficiently increase densities enough over the existing zoning to adversely impact existing land uses. In fact, a greater density on the subject property located between the existing single-family subdivision to the south and the mixed-use zoning to the north can create a desirable transition. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) and consistent with both the Residential Neighborhood and City Neighborhood designations of the subject property. The NC zoning district, with its associated build -to zone requirement, facilitates walkable streets and development in a traditional town form. With existing streets, water, and sewer available, a neighborhood developed on this property will be able to utilize City infrastructure and services without the need for substantial new facilities, and the greater density of the proposed rezoning will allow more residents to use those facilities. In addition to its FLUM designation, the subject property falls within the boundaries of the-Wedington Corridor Neighborhood Plan. This plan calls for a redefining of Wedington Drive as a parkway with complete, compact, and connected neighborhoods. Although the plan does not provide clear guidance for future development of the subject property, the proposed rezoning will allow a greater density and therefore potential for compact neighborhoods. Additionally, the Illustrated Wedington Corridor Master Plan shows this area developed with low- and medium- density residential housing, which is facilitated by the NC zoning district. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Following up on the rezoning approved by the City Council on this property in November of 2017, it became apparent to the applicant that additional areas of NC zoning are needed to create a more consistent development pattern on the property. The proposed NC zoning district will encourage appropriate residential development on a parcel with direct access to major connecting corridors and infrastructure. G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN 4748'W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 Planning Commission December 11, 2017 Agenda Item 6 17-6015 Leisure Homes RZN #2 Page 3 of 16 A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: This proposal is not expected to increase traffic danger or congestion to a significant degree over the existing zoning. Future development will be subject to City street design and access management standards. With the subject property's proximity to both a Collector Street (461' Avenue) and Minor Arterial (Broyles Avenue), both of which tie in to the nearby Wedington Drive, a Principal Arterial, staff finds that traffic will be absorbed by existing street capacity without creating a hazardous condition. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Staff does not expect the proposed rezoning to cause an undesirable increase in the load on public services compared with the existing RSF-4 zoning district. The total land area proposed for rezoning, 0.86 acres, will not appreciably increase the overall potential density of the property beyond its current limits. At the same time, the property is currently undeveloped, and any development under the current zoning or the proposed zoning will result in an increase in the load on public services. In particular, Engineering staff have noted that the existing sanitary sewer mains will need to be reviewed for capacity prior to any development. Notwithstanding these comments, the subject property has access to existing infrastructure, and is in an area where staff does not feel development will have adverse impacts on public services or facilities. Additionally, neither the Police nor Fire Departments have expressed objections to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Staff recommends forwarding RZN 17-6015 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. RECOMMENDED MOTION: "I move to forward RZN 17-6015 to the City Council with a recommendation of approval." Planning Commission December 11. 2017 G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6 4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2 Page 4 of 16 PLANNING COMMISSION ACTION: Required YES jDate: December 11, 2017 O Tabled M Forwarded O Denied Motion: Niederman Second: Brown V ote: 7-0-0 CITY COUNCIL ACTION: Required YES (Date: January 2, 2018 (plannedl O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07, RSF-4, Residential Single-family, 4 Units per Acre o §161.29, NC, Neighborhood Conservation • Request letter • Zoning Exhibit • Wedington Corridor Neighborhood Plan • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6 4748 W Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2 Page 5 of 16 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 '1 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Lot minimum width Lot area minimum Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Single-family Two (2) family dwellings dwellings 70 feet 80 feet 8,000 square 12,000 square feet feet 8,000 square 6,000 square feet feet 60 feet 70 feet 81000 square 12,000 square feet feet Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6 4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2 Page 6 of 16 Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet ~r 15 feet (F) Building Height Regulations. Building Height Maximum P 45 feet Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6 4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2 Page 7 of 16 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1� City-wide uses by right Unit 8 Single-family dwellings Unit 41 T Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 ! Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings 4� v Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family 40 feet Two Family 80 feet Three Family 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN Agenda Item 6 4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 17-6015 Leisure Homes RZN #2 Page 8 of 16 Side Rear Rear, from center line of an alley fine 25 feet from the front property { line. !j 5 feet 5 feet 12 feet (F) Building Height Regulations. Building Height Maximum 45 feet G:\ETC\Development Services Review\2017\Development Review\17-6015 RZN 4748 W. Wedington Ave. (Leisure Homes Rezone #2) 438\03 Planning Commission\12-11-2017 Planning Commission December 11, 2017 Agenda Item 6 17-6015 Leisure Homes RZN #2 Page 9 of 16 CDE CIVIL DESIGN ENGINEERS.INC. 4847 Kaylee Avenue, Suite A, Springclale, AR 72762 November 22, 2017 City of Fayetteville Planning Division Andrew Garner Planning Director 125 W. Mountain Street Fayetteville, AR 72701 RZN 17-6015 Request Letter Re: Second Rezone Request The Wedington Landing Subdivision Fayetteville, AR CDE Project No. 1109 Dear Mr. Garner: Phone: (479) 381-1066 Ferdinand Fourie, P.E. Project Manager 4847 Kaylee Avenue -Suite A Springdale, Arkansas 72762 479.381.1066Telepho ne 479.872.7118 Facsimile Please find enclosed submittal items and application for the second proposed rezoning of the property between N. Broyles Street and N. 46t1 Avenue, as required by the City's Planning Commission. The majority of the property is currently zoned Neighborhood Conservation (NC) and we are requesting to have this zoning designation extended by 0.74 acres to include a portion of parcel 765- 16268-001 and 0.12 acres of parcel 765-16264-000 This will allow us to accommodate the proposed residential single-family development per the revised layout for the area. This is in compliance with the Planning Commission's request at their November 21St meeting. Please let me know if you have any questions. Sincerel�y,r�y, F Ferdi Fourie, P.E. Project Manager FF:kl Planning Commission December 11, 2017 Agenda Item 6 17-6015 Leisure Homes RZN #2 0of16 w 3 � N I N M M �Ery� 51'N ,°6'Z99 3,40.ZLZON S r N .9t Fri flll s � I Z N• +� r;r(iii9 n w N (n O N N N LU 7 n LU Q r0 Vi �? Ll.l a U ZZ a �o z ON Lr) LU b H w z0 L }I x d Vp a X w a C p rn "z I� i V n Q- w 3 � N I N M M � N O rn flll Z i!1 � I Z N• +� r;r(iii9 n w N (n O N N N 7 .. C7 r0 Vi �? .a co c za ZZ a z ON N O N b w z0 }I x d Vp nj a X w a C p rn m O n Q- 00 ro a V) 0m N O N Z , � O na oc) a U u) v) Z �(DIn O Z K Z Z Z Op oNQ� w ON O ? O+I F- to o O X 0� W d ,U'oIV MA I.K.60 S 3 O O O M W m N � N M M d N O Z i!1 I 7-w; -7 N• +� r;r(iii9 n nning Co mission )ecember 11, 2017 Agendh Item 6 17-6015 Leisure Homes RZN #2 Page 11 of 16 '.1(3 SPuelmopeo w iz rr 0 U) Sa E OAV 1,11917 cum > 0 v u. AP An 4W IP XW, -OAV SOIAOIE] -.-T M -OAV IS 6S efanning Commission December 11, 2017 Agenda Item 6 17-601 I-Asure Homes RZN #2 I I I t P I p p I I j I j 4t Page 12 of 16 f 1 13 8 3 8 13 on 17 Agenda Item 6 17-6015 Leisure Homes RZN #2 Page 13 of 16 Agenda Item 6 17-6015 Leisure Homes RZN #2 Page 14 of 16 RZN17-6015 LEISURE HOMES CORP. A& Current Land Use NORTH INEC?INGTO N DR. ............ Single Fami�ly�'� >. 1 Single Family i r 4 Q _ Subject Property loll @ia' �� p Single Family :. I NI . TUMSLEINEED ST -- - Single Familyw �?i u1R Streets Existing MSP Class COLLECTOR MINOR ARTERIAL — PRINCIPAL ARTERIAL 1 ®E s E Trail (Proposed) Planning Area — _a Fayetteville City Limits �4 wryl yT HOMESPUN DR Feet 0 112.5 225 450 675 900 1 inch = 300 feet zLU ,ff t " FEMA Flood Hazard Data Fluorlway Planning Con mission December 1, 2017 Agenda Item 6 17-6015 Leisure Homes RZN #2 Page 15 of 16 Agenda Item 6 17-6015 Leisure Homes RZN #2 Page 16 of 16 AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 6027 Was inserted in the Regular Edition on: January 11, 2018 Publication Charges: $ 72.80 O,r,ql, b Cathy Wiles Subscribed and sworn to before me This day of , 2018. g�� ®dA m6Wezc.ano:y �/ tary Public My Commission Expires: 2,11 V,� e 'J ,311 D �/.�,. ,:1,;• �lf� 1 is c I ®p **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED FEB 1 2018 Ordinance: 6027 i �� �FL�17-0748 CITY OF �j �,aaE OF 4847 W. CITY C GTON DR./LEISURE HOMES #2): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-6015 FOR APPROXIMATELY 0.86 ACRES LOCATED SOUTH OF WEDINGTON DRIVE BETWEEN 46TH STREET AND BROYLES AVENUE FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units per Acre to NC, Neighborhood Conservation. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 1/2/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74393700 Jan. 11, 2018